Wetmore v. Crouch

This is a petition in equity for .an accounting. Upon the hearing of the plaintiff’s *442evidence the trial court declared that, under the pleadings and evidence, the plaintiff was not entitled to the relief prayed for, nor to any relief. The plaintiff thereupon took a voluntary nonsuit, and, upon the refusal of the court to set it aside, brings the case here by appeal. The defendant now contends that there was no error in the ruling of the court, because the plaintiff’s petition states no cause of action for an accounting, and her evidence substantiates none. The plaintiff takes issue on both…